Can an attorney I talked to for advice represent my ex in a divorce? - Child Custody Law Questions and Answers- LawQA.com

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Can an attorney I talked to for advice represent my ex in a divorce?

Can an attorney or firm I paid for advice but not representation later represent my ex in post divorce filings?

Answer By William Spern

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They should not represent the ex-wife if they gained any information from you that would be of a benefit to your ex-wife.

Answer Applies to: Michigan
Replied: 12/11/2011

Gregory T. Buckley, Attorney at Law
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Generally, this would be considered a conflict of interest and that particular attorney should not be allowed to represent your wife, assuming that youwere discussing a divorce withthat attorney.

Answer Applies to: Florida
Replied: 12/3/2011

Answer By Maury Beaulier
Beaulier Law Office
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The answer depends on the nature of the discussions. If the discussion related to specifics of your case, then the attorney would have a conflict of interest and could be disqualified from representation of the opposing spouse.

Answer Applies to: Minnesota
Replied: 12/2/2011

Answer By Jay W. Neff
Law Office of Michael W. Bugni
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Probably not. Once you paid them for advise, various rules apply regarding conflicts and representation. So, they are probably barred from representing the other side now.

Answer Applies to: Washington
Replied: 12/2/2011

Law Office of Lenore Tsakanikas, PLLC
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Only if you waive a conflict of interest.

Answer Applies to: Arizona
Replied: 12/2/2011

Answer By Roy L. Reeves
Reeves Law Firm, P.C.
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It depends on one fact. What did you discuss with this firm? If the advice you got involved information that the attorney/firm would want, need, or use in the post divorce proceedings, the answer is no. If however, you spoke to the firm for advice on setting up a corporation, or something completely unrelated, then yes, they can represent your ex spouse. Attorney-Client Privilege is the client's privilege. An Attorney cannot waive it, only the client can and if you sought legal advice, you are the client. Money does not even have to exchange hands, if you sought advice and the lawyer gave it, Attorney-Client Privilege attaches to that conversation.

Answer Applies to: Texas
Replied: 12/2/2011

Answer By Steven Dunnings
Dunnings Law Firm
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There does exist a potential conflict of interest claim.

Answer Applies to: Michigan
Replied: 12/2/2011

Ashman Law Office
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Possibly depending on details you did not give us.

Answer Applies to: Georgia
Replied: 12/1/2011

Answer By Zephyr Hill
Goldberg Jones
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They should not be allowed to work against you. You can file a motion to relieve them as counsel.

Answer Applies to: California
Replied: 12/1/2011

Answer By Jody A. Miller
Law Office Of Jody A. Miller
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This generally would be a conflict of interest. You are correct - an attorney you talked to should not be representing your ex. However, whether that attorney would be disqualified depends on whether the information you shared with that attorney was about the same subject or issues (such as your marriage). It's up to the judge as to whether the attorney you talked to should be disqualified from representing your ex. But it's certainly an issue I would raise.

Answer Applies to: Georgia
Replied: 12/1/2011

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